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New York Law Journal

Unintended Consequences of Medical Indemnity Fund

Rosary A. Morelli, a partner at Morelli, Gerrard & Lassalle, and Matthew E. Kelly, an associate in the firm, write: Although the Medical Indemnity Fund has had the intended effect of reducing the amount of cash paid by hospitals with obstetrical units through settlement or trial, some unintended consequences have come to light in cases where one or more defendants settle, but other defendants choose to go to trial.
14 minute read

Daily Business Review

4th DCA Tosses $2.5 Million Award In Birth Defect Case

A $2.5 million award to a Palm Beach County woman who gave birth to a severely deformed boy was reversed by the Fourth District Court of Appeal, which said the jury should have been told most third trimester abortions are illegal in Florida.
4 minute read

Daily Business Review

Deutsch & Blumberg Attorney helps jury deliver $12M medical malpractice award

Steven Deutsch of Deutsch & Blumberg represented a New Port Richey man who suffered a ruptured aneurysm behind his eye and extensive cognitive brain damage after a pink eye diagnosis.
3 minute read

Connecticut Law Tribune

Doctor Hit With $8 Million Malpractice Verdict Following Murder-Suicide

By | January 08, 2014
A Waterbury Superior Court jury has issued an $8 million verdict against a former doctor who was accused of failing to diagnose the mental illness of a Vernon man who ultimately killed himself and his wife.
3 minute read

Daily Report Online

Potential $50M Med-Mal Retrial Starts

A potential $50 million medical malpractice trial opened Tuesday in Cobb County with attorneys describing for the jury a battle of expert witnesses who will debate if a baby born with severe brain damage could have escaped that fate had he been delivered sooner by cesarean section.
4 minute read

New York Law Journal

Judge: FICA Not Deductible From Medmal Award

Ulster County Supreme Court Justice James Gilpatric ruled that FICA is not a federal, state or local income tax that could be subtracted from a loss-of-earnings malpractice award under CPLR 4546(3).
2 minute read

The Legal Intelligencer

Jury Finds for Lehigh County Family in Birth Injury Case

By | January 07, 2014
A Lehigh County jury awarded Mark Crowell and Sharon Petrosky Crowell $55 million for the injuries suffered by their son, Matthew Crowell, after he suffered a lack of oxygen to the brain during delivery in 2009.
3 minute read

Daily Report Online

Second Trial to Start in Cobb for $50M Med-Mal Case

A potential $50 million medical malpractice case that ended in a mistrial two years ago is set for a new trial starting Monday before Cobb County State Court Judge Kathryn Tanksley.
2 minute read

New York Law Journal

Another Judge Rejects Use of 'Forces of Labor' Defense

A medical malpractice defense that has been utilized, often successfully, for more than 20 years has taken another hit with a decision that precludes the defendants from introducing a theory that maternal pushing and uterine contractions, and not physician error, injured a newborn's brachial plexus.
2 minute read

New York Law Journal

Split Court Rejects Hospital's Tardy Summary Judgement Bid

"We are concerned that the respect for court orders...and the authoritative voice of the Court of Appeals are undermined each time an untimely motion is considered simply by labeling it a 'cross motion' notwithstanding the absence of a reasonable explanation for its untimeliness." Justice Paul Feinman wrote.
6 minute read

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